Page:United States Statutes at Large Volume 86.djvu/1034

 992

PUBLIC LAW 92-516-OCT. 21, 1972

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[86 STAT.

remove the pesticide or device described in the order except in accordance with the provisions of the order. '• (b) SEIZURE.—Any pesticide or device that is being transported or, having been transported, remains unsold or in original unbroken packages, or that is sold or offered for sale in any State, or that is imported from a foreign country, shall be liable to be proceeded against in any district court in the district where it is found and seized for confiscation by a process in rem for condemnation if— " (1) in the case of a pesticide— " (A) it is adulterated or misbranded; " (B) it is not registered pursuant to the provisions of sections; !o -'.H " (C) its labeling fails to bear the information required by this Act; < " (D) it is not colored or discolored and such coloring or discoloring is required under this Act; or " (E) any of the claims made for it or any of the directions •' for its use differ in substance from the representations made in connection with its registration; ''' " (2) in the case of a device, it is misbranded; or " (3) in the case of a pesticide or device, when used in accordance with the requirements imposed under this Act and as directed by the labeling, it nevertheless causes unreasonable adverse effects on the environment. I n the case of a plant regulator, defoliant, or desiccant, used in accordance with the label claims and recommendations, physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when such effects are the purpose for which the plant regulator, defoliant, or desiccant was applied. "(c)

DISPOSITION

AFTER

CONDEMNATION.—If

the

pesticide

or

device is condemned it shall, after entry of the decree, be disposed of by destruction or sale as the court ma^ direct and the proceeds, if sold, less the court costs, shall be paid into the Treasury of the United States, but the pesticide or device shall not be sold contrary to the provisions of this Act or the laws of the jurisdiction in which it is sold: Provided, That upon payment of the costs of the condemnation proceedings and the execution and delivery of a good and sufficient bond conditioned that the pesticide or device shall not be sold or otherwise disposed of contrary to the provisions of the Act or the laws of any jurisdiction in which sold, the court may direct that such pesticide or device be delivered to the owner thereof. The proceedings of such condemnation cases shall conf rom, as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any case, and all such proceedings shall be at the suit of and in the name of the United States. " (d) COURT COSTS, ETC.—When a decree of condemnation is entered against the pesticide or device, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device. "SEC. 14. PENALTIES. "(a)

CIVIL PENALTIES.—

"(1) IN GENERAL.—Any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of this Act may be assessed a civil penalty by the Administrator of not more than $5,000 for each offense.

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